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BASHIRU POPOOLA v. THE STATE

(2013) JELR 35565 (CA)

Court of Appeal  •  CA/I/343/2010  •  11 Jul 2013  •  Nigeria

Coram
MONICA B. DONGBAN - MENSEM JCA; ADAMU JAURO JCA; OBIETONBARA DANIEL-KALIO JCA;

Judgement

OBIETONBARA DANIEL-KALIO, J.C.A. (Delivering the Leading Judgment): This appeal is in respect of a case of murder decided by the High Court of Oyo State. Before the lower court, the Appellant Bashiru Popoola, on a one count charge, was accused of the murder of one Solomon Adeyemi at Alakia Area, Egbeda, Ibadan on or about the 8th of April, 2007. The facts of the case as presented by the prosecution before the lower court are fairly straightforward. The appellant went to the house of Solomon Adeyemi the deceased, armed with a cutlass and an iron rod and loudly and menacingly called out the deceased's name, vowing that the deceased would meet his death that day. The threat of the appellant was heard by the deceased's son and daughter-in-law who were in front of the deceased's house having an evening meal. When the deceased's son tried to remonstrate with the appellant, the appellant hit him with the cutlass.

In apparent reaction to the ensuring commotion, the deceased came out. He was c…

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